Free Order on Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:06-cv—O0368-SLR Document 12 Filed 01/12/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WONNELL RINGGOLD, )
Plaintiff, g
v. g Civ. No. 06-368-SLR
CORRECTIONS OFFICER LAMBY, g
Defendant. g
@3E
WHEREAS, plaintiff filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, on September 26, 2006, the court entered an order
for plaintiff to provide to the court, within thirty days from
the date of the order, an account statement from the Inmate
Account Technician at the Central Violations Center where he was
housed (D.I. 9);
WHEREAS, on December ll, 2006, the court entered an order
dismissing the complaint for failure to submit the required
account statement (D.I. 10);
WHEREAS, on January I0, 2007, plaintiff filed a letter/
motion for reconsideration indicating that he thought the prison
had taken care of the matter, that he had moved and asking that
the case be reopened (D.I. ll);
WHEREAS, it appears that plaintiff has been released from
prison;
WHEREAS, to date plaintiff has not paid the initial partial

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filing fee of $11.14;
WHEREAS, under the Prison Litigation Reform Act, release
does not eliminate the obligation of payment of a filing fee that
could and should have been met from the trust account while
imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899 I
(7* Cir. 1997); see also Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed.Appx. 429 (3d. Cir. 2003).
THEREFORE, at Wilmington this Hlh day of January, 2007,
IT IS HEREBY ORDERED that
1. The letter/motion for reconsideration (D.I. 11) is
granted.
2. The clerk of the court shall reopen this action.
3. Within thirty days from the date of this order,
plaintiff shall either pay the filing fee ($350) or submit a new
standard form application to proceed without prepayment of fees
and affidavit so the court may determine whether he is still
eligible to proceed in forma pauperis.
NOTE: Failure to timely comply with this order shall result
in dismissal of this case without prejudice.

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